People vs.

MonticalvoG.R. No. 193507.January 30, 2013.*

Facts:On the 9th day of December 2002 at about 7:00 oclock in the eveningin Bgy. XXX, Municipality of XXX, Province of XXX, Philippines and within thejurisdiction of this Honorable Court, the above-named accused, actuated by lust andwith lewd design, with force and intimidation, did, then and there, willfully,unlawfully and feloniously have carnal knowledge with AAA, 12 years old and issuffering from mental disorder or is demented or has mental disability, without theconsent and against the will of said victim.AAA is a mental retardate and was 12 years and 11 months old at the time ofthe rape incident. She and appellant, who was then 17 years old, areneighborstheir respective houses are adjoining each other.Issue:(1) W/N He should be entitled to the privileged mitigating circumstsance ofminority?(2) W/N R.A. 9344 shall have its retroactive application even if he is already27 years of age, and the judgment of the trial court was promulgated priorto the effectivity of Republic Act No. 9344?Held:(1) YES, He was a minor during the commission of the crime charged.During trial, upon order of the trial court, the Local Civil Registrar of Bobon,Northern Samar, brought before it their office records, particularly appellantsCertificate of Live Birth containing the fact of birth of the latter. AppellantsCertificate of Live Birth shows that he was born on 23 February 1985. Indeed, at thetime of the commission of the crime charged on 9 December 2002, appellant wasonly 17 years old, a minor. Thus, he is entitled to the privileged mitigatingcircumstance of minority.(2) YES, Republic Act No. 9344 1 is applicable in this case even though thecrime was committed four (4) years prior to its enactment and effectivity.Parenthetically, with more reason should Republic Act No. 9344 apply to this case asthe 2005 conviction by the lower courts was still under review when the law tookeffect in 2006.Penalty: 10 years of prision mayor, as minimum, to 17 years and 4 months ofreclusion temporal, as maximum.Doctrine: Sexual intercourse with a woman who is a mental retardate with themental age of a child below 12 years old constitutes statutory rape with or withoutSEC.68.Children Who Have Been Convicted and are Serving Sentence.Persons who have been convicted andare serving sentence at the time of the effectivity of this Act, and who were below the age of eighteen (18) years atthe time of the commission of the offense for which they were convicted and are serving sentence, shall likewisebenefit from the retroactive application of this Act. They shall be entitled to appropriate dispositions provided underthis Act and their sentences shall be adjusted accordingly. They shall be immediately released if they are soqualified under this Act or other applicable law.

SEC.68.Children Who Have Been Convicted and are Serving Sentence.Persons who have been convicted andare serving sentence at the time of the effectivity of this Act, and who were below the age of eighteen (18) years atthe time of the commission of the offense for which they were convicted and are serving sentence, shall likewisebenefit from the retroactive application of this Act. They shall be entitled to appropriate dispositions provided underthis Act and their sentences shall be adjusted accordingly. They shall be immediately released if they are soqualified under this Act or other applicable law.